What Does PCSWID PG1 >400G Mean in Texas?

 Posted on March 19, 2023 in Uncategorized

This is a frequently asked question. People will see "PCSWID PG1 >400g" on a government document, and wonder what it means.

This refers to an allegation of possession of a controlled substance in Penalty Group 1, in a quantity of more than 400 grams, with the intent to distribute.

• PCS = Possession of Controlled Substance;

• WID = With Intent to Distribute;

• PG1 = Penalty Group 1; and

• >400G = more than 400 grams.

This offense is defined in section 481.112 of the Texas Health and Safety Code:

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1....(f) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

It is, as you see, serious, with a range of punishment-15 years to life in prison. (Murder is 5 years to life in prison.)

Substances in Penalty Group 1 are listed in section 481.102 of the Texas Health and Safety Code. Some of the more common substances are heroin, cocaine, and methamphetamine, but there are many more, listed below.

400 grams of cocaine is more than people ordinarily possess for their individual personal use, so if you are arrested with 400 or more grams of cocaine, you are likely to be charged with possession with intent to distribute.

(We are top criminal-defense lawyers for drug delivery and distribution cases, having successfully defended many multiple-kilo cases. If you or a loved one is facing this serious charge, give us a call.)

(1) the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:Alfentanil;Allylprodine;Alphacetylmethadol;Benzethidine;Betaprodine;Clonitazene;Diampromide;Diethylthiambutene;Difenoxin not listed in Penalty Group 3 or 4;Dimenoxadol;Dimethylthiambutene;Dioxaphetyl butyrate;Dipipanone;Ethylmethylthiambutene;Etonitazene;Etoxeridine;Furethidine;Hydroxypethidine;Ketobemidone;Levophenacylmorphan;Meprodine;Methadol;Moramide;Morpheridine;Noracymethadol;Norlevorphanol;Normethadone;Norpipanone;Phenadoxone;Phenampromide;Phenomorphan;Phenoperidine;Piritramide;Proheptazine;Properidine;Propiram;Sufentanil;Tilidine; andTrimeperidine;(2) the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:Acetorphine;Acetyldihydrocodeine;Benzylmorphine;Codeine methylbromide;Codeine-N-Oxide;Cyprenorphine;Desomorphine;Dihydromorphine;Drotebanol;Etorphine, except hydrochloride salt;Heroin;Hydromorphinol;Methyldesorphine;Methyldihydromorphine;Monoacetylmorphine;Morphine methylbromide;Morphine methylsulfonate;Morphine-N-Oxide;Myrophine;Nicocodeine;Nicomorphine;Normorphine;Pholcodine; andThebacon;(3) the following substances, however produced, except those narcotic drugs listed in another group:(A) Opium and opiate not listed in Penalty Group 3 or 4, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine derived butorphanol, nalmefene and its salts, naloxone and its salts, and naltrexone and its salts, but including:Codeine not listed in Penalty Group 3 or 4;Dihydroetorphine;Ethylmorphine not listed in Penalty Group 3 or 4;Granulated opium;Hydrocodone not listed in Penalty Group 3;Hydromorphone;Metopon;Morphine not listed in Penalty Group 3;Opium extracts;Opium fluid extracts;Oripavine;Oxycodone;Oxymorphone;Powdered opium;Raw opium;Thebaine; andTincture of opium;(B) a salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by Paragraph (A), other than the isoquinoline alkaloids of opium;(C) Opium poppy and poppy straw;(D) Cocaine, including:(i) its salts, its optical, position, and geometric isomers, and the salts of those isomers;(ii) coca leaves and a salt, compound, derivative, or preparation of coca leaves; and(iii) a salt, compound, derivative, or preparation of a salt, compound, or derivative that is chemically equivalent or identical to a substance described by Subparagraph (i) or (ii), other than decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine; and(E) concentrate of poppy straw, meaning the crude extract of poppy straw in liquid, solid, or powder form that contains the phenanthrine alkaloids of the opium poppy;(4) the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- phenethyl)-4-piperidinyl]-N-phenylacetamide);Alpha-methylthiofentanyl (N-[1-methyl-2-(2- thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);Alphaprodine;Anileridine;Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- phenethyl)-4-piperidinyl] -N-phenylpropanamide);Beta-hydroxy-3-methylfentanyl;Bezitramide;Carfentanil;Dihydrocodeine not listed in Penalty Group 3 or 4;Diphenoxylate not listed in Penalty Group 3 or 4;Isomethadone;Levomethorphan;Levorphanol;Metazocine;Methadone;Methadone-Intermediate, 4-cyano-2-dimethylamino- 4, 4-diphenyl butane;3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)- 4-piperidyl]-N-phenylpropanamide);3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide);Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2- phenylethyl)-4-piperidinylpropanamide);PEPAP (1-(2-phenethyl)-4-phenyl-4- acetoxypiperidine);Pethidine (Meperidine);Pethidine-Intermediate-A, 4-cyano-1-methyl-4- phenylpiperidine;Pethidine-Intermediate-B, ethyl-4- phenylpiperidine-4 carboxylate;Pethidine-Intermediate-C, 1-methyl-4- phenylpiperidine-4-carboxylic acid;Phenazocine;Piminodine;Racemethorphan;Racemorphan;Remifentanil; andThiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4- piperidinyl]-propanamide);(5) Flunitrazepam (trade or other name: Rohypnol);(6) Methamphetamine, including its salts, optical isomers, and salts of optical isomers;(7) Phenylacetone and methylamine, if possessed together with intent to manufacture methamphetamine;(8) Phencyclidine, including its salts;(9) Gamma hydroxybutyric acid (some trade or other names: gamma hydroxybutyrate, GHB), including its salts;(10) Ketamine;(11) Phenazepam;(12) U-47700;(13) AH-7921;(14) ADB-FUBINACA;(15) AMB-FUBINACA; and(16) MDMB-CHMICA.